Terms of Service

Updated 11/20/2018

By filling the commission application and/or commissioning me, you (the Client) agree to my (the Designer) terms listed underneath. Please read them in full.

1. Definitions.

A) Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables.

B) Copyrights means the property rights in original works of authorship.

C) Deliverables means the services and product I am providing to you.

D) Services means all services and the work product to be provided to Client by Designer as described and otherwise further defined in the Proposal.

E) Designer Tools means all design tools developed and/or utilized by me in performing the Services, including without limitation type fonts, and application tools, together with any other software.

F) Final Art means all creative content developed for you by me.

G) Preliminary Works means all artwork including, but not limited to, concepts, thumbnails, or sketches. This does not contribute to the Final Art.

H) Project means the scope and purpose of your intended usage of the work product as described in the Proposal.

I) Proposal is the summary of the work. This is the document that will be signed stating our information, the details of the commission, and the fees that will be paid.

2. Fees & Expenses.

A) Fees. Fees will be paid in full upfront unless the total price of the commission exceeds $165. Then a payment plan option of half upfront  and the remaining will be paid once the flat colors are approved is available upon request. This will reflect in the invoice provided.

B) Expenses. Client shall pay Designer’s incidental and out-of-pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, presentation materials, photocopies, computer expenses, and parking fees and tolls if applicable to the project.

C) Invoices. All invoices are payable within three (3) days of receipt in full. Work will not start until the invoice has been paid.

3.  Changes.

A) General Changes. I will allow three (3) instances where changes may be requested. During the initial thumbnail phase, the sketch phase, and the flat color phase. Any changes after that may result in a fee.

B) Substantive Changes. If you request or instruct Changes that are reasonably considered to be excessive in light of the scope of the Services, I shall be entitled to submit a new and separate Proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are paid for.

C) Timing. I (The Designer) will be prompt in response and prioritize your commission. You agree to review works in progress and provide commentary, all change requests, approve the work and so on in a reasonable timeframe of three (3) days. Please note that if a deadline is set in place, my ability to deliver the Final Art is affected by delayed responses. I will also communicate to you of any delays on my end.

4. Accreditation/Promotions

I retain the right to reproduce, publish and display the Final Art in portfolios throughout websites, for use in video and paper published content and in galleries, design periodicals, trade shows and other media. I also retain the right to use the Final Art to sell prints or to use as advertisement of my work with permission from the client.

If work is of Client Content, i.e original characters, original concepts, etc, then Client has the right to decline the sale of prints of the Final Art.

5. Rights to Deliverables Other than Final Art

A) Client Content. Client Content, including all pre-existing Trademarks, or characters shall remain the sole property of Client or its respective suppliers.

B) Third Party Materials. All Third Party Materials are the exclusive property of their respective owners.

C) Preliminary Works. I retain all rights in and to all Preliminary Works. I may use concepts or unfinished work for my own purposes.

6. Rights to Final Art

For non-commercial commissions, I grant you (the Client) an Exclusive license, with modification rights. You have the perpetual and worldwide right and license to use, distribute, reproduce, adapt, modify and display the Final Art so long as no profit is made from the work, and proper credit is given to me. Credit includes linking to my social media pages, and/or my website. If the Final Art is distributed in print form, please credit my website: prettykittycommissions.com

7. Confidential Information

I (the Designer) and you (the Client) will not disclose any sensitive personal information of the other party. This includes but is not limited to: physical addresses, email addresses or payment information.

8.  Refunds & Cancellation

Refunds of commissions are on a case-by-case basis. I will provide refunds if I am unable to finish the work, if you cancel the commission, or if I cancel the commission.

The amount refunded will reflect on the amount of finish the artwork has. 70% of the commission price will be refunded if cancelled during the sketch phase, 50% of the commission price will be refunded if cancelled during the flat color phase. Please note, after the flat colors have been approved, the commission may not be cancelled unless I do so, or if I am unable to complete your illustration.

If you agree to these terms and are ready to commission me, please proceed with the commission process.